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i
(The sum of Three hundred and seventy-nine thousand four hundred and seventy-five dollars and seventy-three cents ($379,475.73) United States Dollars) being the overdue interest; and
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ii
The sum of One hundred and eighty thousand, eight hundred and eighty-three dollars and forty-two cents ($180,883.42) (United States Dollars), being interest payable on the above sum of money from the 26th day of February, 1985 till the 26th day of April, 1987 or until the date of judgment.
After service of the writ and other processes, the defendant filed his statement of defence and an application on notice dated 9th July, 1987 wherein they asked the plaintiff to give security for costs as it stated that it was a foreign company with no assets within the jurisdiction of the High Court of Lagos State as it was a Brazilian company.
The plaintiff however brought an application for leave and order of the Court to enter judgment against the defendant as per the writ of summons and statement of claim.
The record did not show whether the application for security for costs was moved or abandoned.
The application for leave to sign judgment against the defendant was granted as prayed since the defendants failed to disclose facts upon affidavit which are sufficient to entitle them to defend generally.
Aggrieved by the trial Court's decision, the defendant filed an appeal in the Court of Appeal, Lagos Division.
The Court of Appeal unanimously dismissed the appeal and affirmed the ruling of the trial Court.
Dissatisfied with the above decision, the defendant appealed to the Supreme Court.
